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(영문) 대구지방법원서부지원 2016.04.20 2014가단34588

소유권이전등기

Text

1. As to the size of 963 square meters in Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do

A. Defendant B shall have the Cheonggu District Court's Cheongdong Office on December 2005 to Defendant C.

Reasons

1. Basic facts

A. On November 3, 1995, Defendant B purchased 963 square meters (hereinafter “instant farmland”) prior to Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and completed the registration of ownership transfer on the sixth day of the same month.

B. Defendant C purchased the farmland of this case from Defendant B on April 23, 2003 and completed the registration of ownership transfer on the 26th of the same month.

C. After December 20, 2005, the registration of ownership transfer was completed in the name of Defendant B on the ground of sale on December 20, 2005 with respect to the farmland of this case.

(Seoul District Court Cheongju District Court No. 10460, Dec. 29, 2005, No. 10460, hereinafter “instant ownership transfer registration”). D.

On October 11, 2007, the Plaintiff completed provisional registration of the right to claim ownership transfer on October 15, 2007 due to trade reservation.

(Seoul District Court Cheong-gu District Court Cheong-dong Office No. 10271, Oct. 15, 2007; hereinafter “the provisional registration of this case”). 【The ground for recognition of this case’s provisional registration of this case’s case’s case’s case’s case’s case’s case’s case’s 1, 2, and

2. Judgment as to the main claim

A. On November 29, 2005, the Plaintiff purchased the instant farmland from Defendant C, but was unable to obtain the qualification certificate for acquisition of farmland, and thus was unable to register the ownership transfer. The Plaintiff, with Defendant C’s aid, decided to conduct title trust and completed the registration of ownership transfer of the instant farmland. Such third party title trust agreement is governed by the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

As such, Defendant B is liable to implement the procedure for registration of cancellation of ownership transfer registration of this case to Defendant C.

Meanwhile, since the sales contract between the Plaintiff and the Defendant C is still valid, Defendant C is obligated to implement the registration procedure for transfer of ownership based on the above sales contract to the Plaintiff.

Furthermore, the Plaintiff’s right to claim the transfer registration of ownership is the preserved right, and the Plaintiff’s transfer registration of ownership in this case to Defendant B, the title trustee.